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eBook details

• Title: Risk, Everyday Intuitions, And the Institutional Value of Tort Law.
• Author : Stanford Law School
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 304 KB

Description

INTRODUCTION This Note will argue that the intuitions and values of ordinary people regarding the problems of mass risk and mass harm deserve a place in our legal system, and that part of traditional tort law's enduring appeal as a way of addressing the problem of mass harm, and compensating victims, derives from the distinctive way in which tort can give voice and force to these intuitions and values. Alternative attempts to address mass harm, such as risk regulation and no-fault compensation, have tended to prioritize experts' views about risk and harm and to deemphasize laypeople's perspectives. (1) While the perspectives of expert scientists, physicians, and policymakers matter, other perspectives matter as well, and often matter equally--particularly where values, rather than facts, are in dispute. (2) The need to incorporate lay as well as expert perspectives has implications for the intersection of tort law with both risk regulation and no-fault compensation schemes. Recognizing the importance of the lay perspective, and tort's ability to capture that perspective, should lead us to resist widespread preemption of the tort system by regulation or the total bypass of tort by no-fault.

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